9
AN ACT concerning state officers and
employees; relating to overtime;
10 amending K.S.A.
75-5515 and 75-5537 and repealing the existing
11 sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
75-5515 is hereby amended to read as follows:
15 75-5515. (a) Except as may be otherwise
fixed under the Kansas civil
16 service act or other applicable laws,
salaries and wages shall be fixed on
17 an annual basis prior to the beginning of
each fiscal year.
18 (b) Changes in such
salaries or wages made during the fiscal year
19 shall be reported to the secretary of
administration.
20 (c) The secretary of
administration shall specify the payroll period
21 beginning and ending dates and the payment
dates for payroll periods.
22 (d) For budget and
accounting purposes each payment of salaries and
23 wages shall be charged to appropriations
for the fiscal period or year in
24 which the payment occurs.
25 (e) (1) The wages
for any officers and employees in positions which
26 are not exempt under the federal fair labor
standards act, 29 U.S.C. 201
27 et seq., may be paid on an hourly
basis, when authorized by the secretary
28 of administration. The provisions of this
section shall be controlling over
29 any statute making reference to monthly
payment of salaries or compen-
30 sation of state officers and employees. The
wages for employees who are
31 paid hourly shall be determined by dividing
the annual wages for the
32 employee's job position by the number of
hours required for the position
33 on an annual basis as specified in
paragraph (2) of this subsection. The
34 annual wages for each position shall be as
fixed pursuant to the Kansas
35 civil service act for classified positions
and as fixed by other applicable
36 law for unclassified positions.
37 (2) Subject to the
provisions of K.S.A. 75-5537 and amendments
38 thereto, in determining hourly wage
rates, the number of hours required
39 for the position on an annual basis shall
be:
40 (A) The amount of 2,080
hours for employees working the standard
41 workweek specified by K.S.A. 75-5505, and
amendments thereto; or
42 (B) for those classes of
positions for which a deviation has been es-
43 tablished pursuant to K.S.A. 75-5505, and
amendments thereto, the num-

HB 2981

2

1 ber of hours required for the
position on an annual basis, as determined
2 by the director of personnel
services, subject to approval by the secretary
3 of administration.
4
Sec. 2. K.S.A. 75-5537 is hereby amended to read as
follows: 75-
5 5537. (a) Except as
provided in subsection (b) or as otherwise required
6 by federal law, after December 31,
1994, any rule and regulation relating
7 to overtime compensation for state
employees adopted by the secretary
8 of administration shall provide that
only hours actually worked may be
9 considered in determining whether
overtime compensation is due and
10 the amount of overtime compensation due,
whether in the form of over-
11 time pay or compensatory time off in lieu
of overtime pay. After Decem-
12 ber 31, 1994, to the extent that any rule
and regulation adopted by the
13 secretary of administration prior to the
effective date of this act contains
14 a provision contrary to this section, that
portion of the rule and regulation,
15 and documents pertaining to such portion of
the rule and regulation, shall
16 have no effect and shall not be
enforced.
17 (b) Each state
officer and employee who is in a 207(k) eligible position
18 shall receive overtime compensation for
any hours actually worked in
19 excess of 80 hours in any fourteen-day
work period.
20 (c) The hourly wage
rate of each state officer or employee who is in
21 a 207(k) eligible position shall be
determined by dividing the annual rate
22 of compensation by the amount of 2,080
hours.
23 (d) Any state officer
or employee who is in a 207(k) eligible position
24 may be required to work the hours after
80 hours per fourteen-day work
25 period, at the normal time and one-half
rate.
26 (e) The procedures
for using and the rate of using accumulated va-
27 cation leave and sick leave for each
state officer or employee who is in a
28 207(k) eligible position shall be the
same as the procedures for using and
29 the rate of using accumulated vacation
leave and sick leave which apply
30 to all other state officers or employees
in the classified service under the
31 Kansas civil service act.
32 (f) As used in this
section, ``207(k) eligible position'' means a position
33 of a state officer or employee
performing law enforcement activities for
34 which a work period has been established
which complies with the pro-
35 visions of section 207(k) of the federal
fair labor standards act, 29 U.S.C.A.
36 § 207(k), as amended, and the
federal regulations, policies and standards
37 adopted or promulgated thereunder as of
June 16, 1996, and includes,
38 but is not limited to, the positions of
state officers or employees in the
39 trooper job classes of the Kansas
highway patrol, KBI agent job classes of
40 the Kansas bureau of investigation,
conservation officer job classes of the
41 department of wildlife and parks, fire
investigator job class of the office
42 of the state fire marshal, and liquor
control investigator job classes of the
43 division of alcoholic beverage control
of the department of revenue.

HB 2981

3

1
Sec. 3. K.S.A. 75-5515 and 75-5537 are hereby
repealed.
2 Sec. 4. This
act shall take effect and be in force from and after its
3 publication in the statute book.
4
5